TMI Blog2019 (3) TMI 1648X X X X Extracts X X X X X X X X Extracts X X X X ..... 85/JP/2018 Assessment Year : 2014-15 - - - Dated:- 8-3-2019 - Shri Vijay Pal Rao, JM And Shri Vikram Singh Yadav, AM Assessee by : Shri P. C. Parwal (C.A.) Revenue by : Shri A. K. Mehla (JCIT) ORDER Vijay Pal Rao, J.M. These two appeals by the assessee are directed against the composite order of the ld. CIT(A), Jaipur both dated 06.08.2018 for the assessment years 2013-14 2014-15 respectively. The assessee has raised common grounds in these appeals as under:- 1. The Ld. CIT(A) has erred on facts and in law in confirming the disallowance of employees contribution to PF of ₹ 11,02,343/- and ESI of ₹ 24,035/- by invoking provisions of Section 2(24)(x) r.w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Court in Principal Commissioner of Income-Tax V/s Rajasthan state seed Corporation Ltd. [2016] 386 ITR 267 (Raj) wherein it has been held as under:- In so far as the expenditure incurred on State Renewal Fund is concerned, the said expenditure also goes to show that the renewal fund was set up by the State Government and was created with the object of providing a safety net for the workers likely to be effected by restricting in the State Public Enterprise and that a finding of fact has been recorded that the contribution made to the State Renewal fund is solely for the purposes of the welfare and benefit of the employees. In our view, it is for the assessee to decide whether any expenditure should be incurred in the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein it is stated these issues decided in favour of the Department and against the assessee . The whole decision of the Hon ble High Court has to be considered in the contest of the decision followed and the subsequent line which says it will be opened for the Department to recover the amount if the decision in their favour which means that in case of further appeal before Hon ble Supreme Court if decision is delivered in favour of the department it can recover the amount. Therefore, even the decision which is relied upon the ld. CIT(A) the same is in favour of the assessee though due to typographical mistake it was misunderstood by the ld. CIT(A) as in favour of the Revenue. Accordingly, in view of a series of decisions of the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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